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Can my husband continue to piggyback on my Non-O retirement visa extension after his current extension expires?

Non-O VisaRetirement VisaVisa ExtensionsDependent VisaImmigration Advice
March 19, 2021
4 years ago
Diane *******
ORIGINAL POSTER
I'd be grateful if Todd Daniels or someone could give me some advise please. For the last 10 years approx, I have held a Non-O retirement visa/extensions on which my husband has been a dependent/piggy-backed. My last visa extension (issued 16 June 2020) expires 16 June 2021. Because my husbands passport is due to expire 21 April 2021, my husband was only issued with an extension until that date. He was told at that time that it would be no problem for him to continue as a dependent on my future visa extensions. We were told the same thing on our 90 day check-in in December 2020 (my husband took his new passport & previous visas/stamps were put into it). We completed our last 90 day check-in on 16 March, & my husband was then told that when his present extension expires on 21 April, he would need to apply for his own retirement visa then & no longer be able to piggy-back on my visa. I was under the impression that once his extension expires on 21 April, that he would be able to continue to be a dependent/piggy-back onto my visa once again, as we were originally told. I hope I have explained this so that it makes some sense.
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TLDR : Answer Summary
The user is inquiring about the visa status of her husband, who has been piggybacking on her Non-O retirement visa. Due to her husband's passport expiration, he was given a short-term extension that will expire soon. There's confusion about whether he can continue as her dependent after his current extension ends or if he must apply for his own retirement visa. Commenters suggest he apply for a 60-day COVID extension to bridge the gap and allow for syncing their visa expiration dates. However, there's uncertainty about whether this is permissible, and alternative options are discussed including potentially allowing the wife to become a trailing spouse if the husband applies for his own retirement visa.
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John **********
Could he not simply get another dependant extension that would only run for as long as the primary holders extension was valid? I wonder if there is simply an understanding in that a years extension won't be available due to the primary holders expiry date?
4 years ago
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Diane *******
ORIGINAL POSTER
@John *********
 that was what I had in mind originally or as I mentioned earlier, when/if my husband gets his own retirement visa in April, could I not become a trailing spouse when my extension expires in June?
4 years ago
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John **********
@Diane ******
 Would you not then be getting a partial year same as your husband is trying to get now?
4 years ago
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Diane *******
ORIGINAL POSTER
Yes, if it's possible. As long as one of us is a trailing spouse it would save us both having to have 800k in 2 separate Thai bank accounts. This is what we are trying to avoid having to do.
4 years ago
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Diane *******
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Tod *********
@John *********
 that would be another thing they'd have to talk to the immigration office about BUT I personally have never seen nor heard of it happening out of sync like that (not that it means it can't be done mind you)
4 years ago
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Tod *********
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Tod *********
@El***
 pointed out the flaw in my logic. :O :/

EVEN if your husband does apply for the 60 day covid extension it would start the date he applied NOT be added to his existing stamp.

That means if he applied just before this current covid program ends he'd get a stamp only until the end of May AND your stamp
@Di***
 is until June 16th.

While you can apply for a year extension up to 30 days early that still isn't gonna get your expiration dates sync'd so they'd either give your husband MORE than a year (which they can't do) OR they'd give you LESS than a year to match the year your husband would get.

I'm thinking you burned your bridges not getting that passport, and that it's a good thing you have the money in the account and seasoned so your husband can apply for a retirement extension on his own.

BUT

again that's gonna be totally up to the immigration office on how they wanna work it

Good Luck with it & a BIG thanx goes out to
@El***
 for spotting it and messaging me about it (y)
4 years ago
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Diane *******
ORIGINAL POSTER
@Tod ********
 ahh, ok. I now wonder if my husband only has the choice of getting his own retirement extension on 21 April, when my retirement extension ends on 16 June, could I then become a 'trailing spouse' on his retirement extension?
4 years ago
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Ellie *******
@Diane ******
 if you can apply like that to piggyback to your husband later, he should be able to apply for piggybacking to your non-O based on being over 50 when his current extension expires on 21 April.
4 years ago
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Ellie *******
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James ********
@Tod ********
 Ellie is indeed sharp 😉
4 years ago
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James ********
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James ********
Good Luck..

Hope all goes well.

You have good advice from
@Tod ********
 ..

Commenting closed.
4 years ago
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Tod *********
The only way I see it working (where he can sync up and get back on the "trailing spouse" with you meeting the proof of funds is for him to get the 60 day covid extension to bridge the gap. That's the only scenario I can see where there's any extension that will cover him until yours comes up.
4 years ago
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Diane *******
ORIGINAL POSTER
@Tod ********
 thanks for great advice. I was thinking of the covid extension, but wasn't sure if it was acceptable. The reason he didn't apply for a new passport that early was that we could never remember having this problem when our previous passports expired. If I remember correctly, we would present our new passports at our next visit to Immigration & old stamps/visas would be transferred to new passports & that was it, job done. On a good note, we did put the 800k required into his bank account in good time, just in case things went awry.
4 years ago
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Diane *******
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Tod *********
I mean that the husband who is currently on a "trailing spouse" extension should apply for a 60 day covid extension to buy the time between when their extension runs out AND when yours does
@Di***
, so that you can BOTH get back sync'd with the dates as far as you meeting the requirements and your husband piggy backing on your next extension
4 years ago
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Tod *********
I think you were told BAD info to begin with (about it being okay, because I've NEVER seen them get out of sync like that

I also believe (no matter what you were told) that the immigration office is right saying he can't get the 60 day difference between his extension running out and yours because you do trailing spouse extensions at the same time.

Obviously in hindsight you should have just renewed his passport so that he could get a matching extension when you guys got your extensions last year.
4 years ago
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Tod *********
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James ********
Suggest he apply for a 60 day COVID EXTENSION not later than March 30...

That gives him time to sync with yours..

Then he starts the Non O as retiree followed by one year extension

Doing it...

All over again with you trailing.
4 years ago
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Ellie *******
Do you mean, he NEEDS to be on his own, not OP's dependent?
4 years ago
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James ********
Needs the COVID extension to get to where her end date is
4 years ago
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Diane *******
ORIGINAL POSTER
@James *******
 thanks. Can I clarify that he will be able to apply for a Non O retirement visa (not OA visa) after having a COVID extension?
4 years ago
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Tod *********
@Diane ******
 no he's not applying for ANY visa, he's on an extension of stay now, that's running out. he's just gonna get the covid extension, THEN he's gonna apply for the trailing spouse extension when you get YOUR year extension
4 years ago
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Tod *********
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James ********
@Ellie ******
@Tod ********
 says he needs to start all over...and add her as trailing spouse.
4 years ago
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Ellie *******
@James *******
 That means he needs to be on his own, or he needs to start over as dependent?

Those are very different process.
4 years ago
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Ellie *******
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